The Owens/Cadjew group have bamboozled some officials with two worthless arguments in their attempt to abandon the old road and to keep the public off of it. The first is that there is no official survey from the pre-1926 period. We found that survey in 2005 (see Maps/Surveys).

Their second phony argument is that the road is only "meant" for livestock and not people, even though they show no document or law to back up their claim, while we have many historical documents to disprove it, including these three letters below.

Ted Owens and the Cadjews didn't think anyone would visit the State Archives in Sacramento.

 

 

Below is a 1938 letter asking Caltrans if old state highway 37 (formerly the Dutch Flat Donner Lake Wagon Road) is under the jurisdiction of the State or Nevada County, or if it has become the property of the owners of property which adjoins the road. This Soda Springs area mentioned is two miles to the west of the portion of the road we are concerned with.

Caltrans' answer is below this letter.

 

 

Below is Caltran's response:

"The road, however, has not been abandoned and, in the opinion of this office, is still open to public use."

Yet, 51 years later, the Cadjews moved some big boulders into the road to see if they could keep the public off of it. And corrupt Supervisor Ted Owens supports their illegal action.

 

 

Below is another Caltrans letter in response to another person who asked Caltrans about the same road. Mr. Purcell, Chief Engineer for Caltrans, notes there are "several houses and a school on the old road...maintained as a stock trail, although the road is still in use by automobile traffic."

Caltrans maintained it at a minimal level "for stock trail purposes" but this is evidence that they did not restrict other public uses of the road.

 

 

 

Below is a 1917 letter from the California Highway Commission, making it clear that the state viewed this road as serious business. This letter also shoots down the ridiculous claim of the Cadjews and Ted Owens that the state did not own the "dirt under the road."

Below is the 2005 letter that inflamed us enough to start our group and this
website and stop Supervisors Ted Owens and John Spencer:

Yes! John Spencer voted OUT June 8, 2010!

 

1. HIS needs? What about the public's rights?

2. We have a plotted 1915 official State Survey verifying the location!

3. No California law restricts stock trails to only livestock use!

4. Is such a bet legal?

 

 

Compare the arrogant "educated eyes" of the current supervisor John Spencer (above)

to the following letter sent to Frank Cadjew in 1992:

 

 

 

Truckee Donner Historical Society President is pushing to abandon historical road

 

He sees possible "confrontation" and gives in

 

2008 Update: The previous president who wrote the following emails to us is no longer president of the Historical Society, replaced by Judy Dunlap. She has recently informed us that since late February 2006, their official position is that they have no position regarding whether they oppose or support the abandonment of the old highway. Apparently, if the historical road were abandoned and given to a private party, it would not matter to the Historical Society.

Ted Owens has stated that in early 2006, he met with the TDHS to get them to support his road giveaway plan. The TDHS's easily-impressed leadership couldn't think of any reason to turn him down.

When will the good TDHS members stand up to this political scammer Ted Owens and their weak leadership and ask that the Society publicly oppose the abandonment and support the public's use of the road? Chatting it up in meetings or having a nice group dinner is fine, but how about actually doing something to preserve our history!


Just when you think you've heard it all, here we have another so-called history buff who would rather give in than fight for probably the most historical site in Truckee. Read his emails for yourself below--

Keep in mind that in Nov 2005, we found the survey he told us was so necessary yet he claimed could never be found! You'd think he'd be excited to learn we found it. Not quite the case here.

Especially entertaining is this line from his first email: "the property owner and archive researchers have been unable to find the needed legal documents to open the route to recreational use." Yes, that makes sense. The (surrounding) property owner was trying to find documents to open up the road that HE blockaded?! Ya right.

And his claim that we need documents to "open the route to recreational use" is a sham on two levels: The "recreational use" is a concept that only Ted Owens, Cadjew, and their cohorts put forth--the road is a public road, for all public road uses--not just "recreational." They are attempting to narrow the description in order to make it easier to say there is no record of "recreational use." That's like saying there is no record of "recreational use" of old Highway 40. Secondly, and more to the point, where is a document that closed this public road to "recreational use"--or any public use?! THERE IS NONE!

By the way, the society president claims that the Truckee Donner Land Trust supports the Ted Owens/Cadjew plan to abandon the old road, yet they have not taken any such position, and four members of the Land Trust Advisory Council signed our petition opposing the abandonment and some contributed money to us!

We are shocked to see this "historian" deliberately twist facts and spout the same phony arguments as Owens--and yes, even lie--to convince us why we should also support the abandoning of the historic road. He leaves no doubt where he stands with this line: "The existing road easement claim would be relinquished to the owner, Mr. Cadjew with the exception of a local single yearly guided tour of the original road route." He is parroting the Owens script faithfully, however, the road is not an easement, and the Cadjews are not the owners! And you know what you can do with that guided tour!

He has no business being the president of the Truckee Donner Historical Society! He needs to be replaced with someone who will fight to keep our history!

 

(read oldest from the bottom up)

 

From: TRUCKEE DONNER HISTORICAL SOCIETY < tdhs@inreach.com>
Date: Nov 19, 2005 10:10 AM
Subject: Re: Lincoln & Victory Hwys
To: Rick Martel <info@historicdonnertrail.org>

Rick, I doubt if you could find what others, including the County can not find, that being a legal survey showing the easement of the Cadjew property. I know one proposal was to do a new survey of the Lincoln Highway route, but that would still not resolve the abandonment issue from previous years. I can't predict what our Board would decide with new information.   (former president)

At 08:53 AM 11/16/2005 -0800, you wrote:
 

(former president),
If we had such a survey, and it matches exactly the visible trail that runs through Cadjew's property, could we then count on you and the Historical Society to oppose the giving away of this historical road to Cadjew?
Rick Martel

 
 
On 11/15/05, (former president) < tdhs@inreach.com> wrote:
Rick, the specific documents that were being searched for by many people was a metes and bounds survey in Nevada County records that would have been done in the 1920's or possibly 1930's when the State built the new U.S. 40 route and the former Lincoln Highway road was relinquished. There is a vague document with inadequate detail allowing for stock trail use on the old Lincoln Highway, but with no location given. If the survey could have been found, then the probability of Nevada County having a surefire claim to the old Lincoln Highway would have led to a recreational easement being exercised years ago.  
(former president)

 
From: Rick Martel <info@historicdonnertrail.org>
Date: Nov 9, 2005 12:46 PM
Subject: Re: Lincoln & Victory Hwys
To: " tdhs@inreach.com"

 
(former president),
Thanks for getting back to me.
What specific legal documentation were you and others looking for?
Rick Martel

 
 
On 11/9/05, (former president) < tdhs@inreach.com> wrote:
Rick,
Your efforts to preserve the original Lincoln/Victory Highway route
between Donner Lake and Donner Pass are commendable. For years, the
Truckee Donner Historical Society worked behind the scenes to find the
documentation needed to convince the Nevada County Supervisors to reopen
the historical route. Lawyers, surveyors, the property owner, and archive
researchers have been unable to find the needed legal documents to open
the route to recreational use. The County would take no action as
the documentation needed to open it to a recreational trail doesn't
apparently exist. Recently the Truckee Supervisor, Board Chairman Ted
Owens, supported an effort by the Truckee Trails Foundation and the
Truckee Donner Land Trust to negoiate with the current property owner for
a trail easement on a route south of the road route, avoiding Mr. Cadjew's
residence that sits alongside the original route. This method is in a
spirit of cooperation, not confrontation. This appears to the Truckee
Donner Histoical Society a better resolution. The existing road easement
claim would be relinquished to the owner, Mr. Cadjew with the exception of
a local single yearly guided tour of the original road route. In the long
run, by working with the property owner cooperatively we hope that the
property would eventually be purchased by the Truckee Donner Land Trust,
rather than be developed.  These negoiations are important as the Land
Trust and Trails Foundation are in talks with other area private property
owners for historically important land purchases and trail easements in
the Truckee Donner area. In our October Board meeting, The Truckee Donner
Historical Society Board of Directors voted to support the Trails
Foundation/Land Trust efforts. Had there been a viable alternative to
legally reopening the road, we certainly would have supported that effort,
as would have the Trails Foundation and the Land Trust. We came to the
conclusion, as others have, that working with a property owner not
against, gains the historical and recreational community the most in the
long run.   Thank you for your interest in the matter.
(former president)  TDHS  President & Research Historian